Terms of Sale

Last Updated: 8/15/2023

THESE TERMS SALE (THE “TERMS”) APPLY TO ALL ORDERS AND PURCHASES OF TOYBOX PRODUCTS (EACH A “PRODUCT”) PURCHASED ON WWW.TOYBOX.COM OR THROUGH THE TOYBOX MOBILE APP (COLLECTIVELY, THE “SITE”) WHICH IS OPERATED AND MADE AVAILABLE BY TOYBOX LABS, LLC (“TOYBOX”, “WE” or “US”).  IN THESE TERMS, THE BUYER OF ANY PRODUCT VIA THE SITE IS REFERRED TO AS “YOU”.

THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT AND CONTAIN IMPORTANT TERMS THAT, AMONG OTHER THINGS, AFFECT TOYBOX’S LIABILITY AND YOUR LEGAL REMEDIES AGAINST TOYBOX.  PLEASE READ THESE TERMS CAREFULLY BEFORE YOU COMPLETE A TRANSACTION TO PURCHASE A PRODUCT ON THE SITE.  BY COMPLETING A TRANSACTION TO PURCHASE A PRODUCT ON THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS INCLUDING THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY.

THESE TERMS OF SALE SUPPLEMENT, AND ARE IN ADDITION TO, THE TOYBOX TERMS OF SERVICE.  THESE TERMS OF SALE THEREFORE FORM PART OF THE TOYBOX TERMS OF SERVICE.

THESE TERMS ARE NOT INTENDED TO AFFECT ANY STATUTORY RIGHTS YOU MAY BENEFIT FROM IN YOUR COUNTRY OF RESIDENCE.

CHANGES TO THESE TERMS – PLEASE NOTE THAT THESE TERMS ARE SUBJECT TO CHANGE BY TOYBOX IN ITS SOLE DISCRETION AT ANY TIME. WHEN CHANGES ARE MADE, TOYBOX WILL MAKE A COPY OF THE UPDATED TERMS AVAILABLE THROUGH THE SITE AND UPDATE THE “LAST UPDATED” DATE AT THE TOP OF THESE TERMS. ANY PRODUCT PURCHASE WILL BE SUBJECT TO THESE TERMS AS IN EFFECT AS AT THE DATE OF PLACING YOUR ORDER.

PRODUCT DESCRIPTION, ORDERS, PRICES AND PAYMENT.

Product Description. Toybox aims to use the Product pages to give you the information you need to know about the essential characteristics of each Product. Although we try to make sure they are as faithful as possible, any images shown on Product pages are for illustrative purposes only – given the digital method of presentation, it is possible that your perception may not exactly match the relevant Product itself.

Price and Order.  The total price for the Product(s) you are purchasing will be stated on the relevant product page(s), and are subject to change by Toybox at any time without notice.  You are free to place an order for any Product(s) that you would like to purchase (each an “Order”). 

1. Availability.  All Orders are subject to availability of the relevant Product(s).  When placing your Order, the order confirmation will display whether the item is in-stock, out-of-stock, or available for pre-order, and may provide an estimated delivery time frame.  While we make every effort to ensure that the actual availability of a Product is reflected on our Site, if any Product turns out to be unavailable after you place an Order, we will inform via email as soon as possible and will not charge you for that Order. 
2. Acceptance.  Orders submitted by you are not confirmed or binding upon Toybox until the Order is accepted by Toybox as indicated by Toybox’s issuance of an order confirmation to you by email for such Order, which email constitutes Toybox’s acceptance of your Order.
3. Payment.  Payment for all Orders must be made using one of the payment methods available on the Site from time to time, and full payment must be authorized by your card issuer or authorizing financial institution before Toybox is legally obligated to fulfill any Order.  The payment method you use will be charged when you place your Order, and by providing your payment method, you agree that Toybox is authorized to immediately charge your payment method all fees and charges due and payable to Toybox hereunder and that no additional notice or consent is required.  Toybox may from time to time accept payments from third party payment processors (each a “Payment Processor”).  If a Payment Processor is used to make a payment for an Order, the transaction may be re-directed from the Site to the Payment Processor’s website.  When you leave the Site, you should be aware that the terms and policies, including privacy and data gathering practices, of the Payment Processor website to which you navigate from the Site apply to your dealings with the Payment Processor.  Your account and any activities related to providing your personal information will be governed by the Payment Processor’s terms and conditions, and the information provided in relation thereto will be governed by the Payment Processor’s privacy policy.  When a Payment Processor is used, your financial information is not shared with Toybox and once payment is completed, the Payment Processor will email a receipt to you for the transaction.
4. Taxes, Duties and Extra Charges.  Depending on your location, prices advertised on the Product pages on the Site may not include shipping and handling charges or applicable country or region-specific sales, goods or services taxes, which may be added to the price you pay at check-out.  You are also responsible for any customs duties or any other similar fees associated with your Order.
5. Currency.  All pricing will be noted on your order confirmation in the appropriate country- or region-specific currency.  Depending on that currency, your payment method provider may apply a conversion rate and additional fees that are outside of Toybox’s control.  Furthermore, if for any reason pursuant to these Terms you become entitled to a refund, that refund may be converted by your payment method provider at a different rate, meaning that it may be lesser than, or greater than, the actual amount originally charged to you.

CHANGES AND CANCELLATIONS.

1. Changes.  You may request a change to your Order, provided that the relevant Product(s) have not been shipped by the time of your request, by contacting Toybox at support@toybox.com.  Please note that any such changes may delay other items of your Order, or may delay your Order entirely.  Changes to existing Orders will result in the cancellation of your original Order, and will be treated as a new Order subject to acceptance as described in Section 1.  You will be responsible for any additional charges resulting from any accepted changes to your Order, and if an accepted change would entitle you to a refund, Toybox will process such refund within fifteen (15) days of the acceptance of the change.
2. Cancellations.  You may request the cancellation of any Order at any time until the applicable Product(s) have shipped by contacting Toybox at support@toybox.com.  If an accepted cancellation would entitle you to a refund, Toybox will process such refund within fifteen (15) days of the acceptance of the change.
1. RETURNS AND REFUNDS.  For more information about your right to return Products to us, please refer to our Return Policy.

 

SHIPPING.

1. Shipping Time.  Products will generally be shipped to you within the estimated shipping time period indicated at the time of the Order.  However, Toybox does not guarantee shipping times and you acknowledge and agree that any shipping timeframes or dates provided by Toybox are estimates only and subject to change.
2. Receipt.  The date of shipping does not guarantee the date of receipt; the actual delivery date to you will depend on the shipping method selected and available to you during your Order.

DELIVERY.

1. General.  Toybox will arrange to deliver the Products in your Order to the address you provided at the time of placing your Order.  Title to the Products and risk of loss passes to you upon delivery of the Products at your chosen shipping address, whether you are physically present or not.
2. Investigations.  Toybox reserves the right to investigate (or to retain a third party to investigate) any claims or returns on the basis of incorrect delivery procedure and false information.  In the unlikely event that your Order arrives with visible damage to the exterior packaging, you may either take delivery or refuse the shipment.

DISCLAIMER.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW BUT WITHOUT PREJUDICE TO YOUR CONSUMER RIGHTS UNDER THE LAWS OF YOUR COUNTRY OF RESIDENCE, ALL PRODUCTS AND MERCHANDISE SOLD BY TOYBOX, INCLUDING WITHOUT LIMITATION ACCESSORIES, REPLACEMENT PARTS AND THIRD PARTY PRODUCTS, ARE FINAL SALE AND SOLD WITHOUT ANY WARRANTIES OR CONDITIONS.  EXCEPT AS SET OUT IN THE TOYBOX RETURN POLICY AND AS PERMITTED BY APPLICABLE LAW, TOYBOX SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE OR NON-INFRINGEMENT AND ANY IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, DURABILITY, OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. 

SOME JURISDICTIONS DO NOT ALLOW SOME OF THE EXCLUSIONS AND LIMITATIONS SET OUT ABOVE, SO SOME OF THEM MAY NOT APPLY TO YOU.  YOU MAY BENEFIT FROM ADDITIONAL RIGHTS UNDER THE MANDATORY LAW OF YOUR COUNTRY OF RESIDENCE, AND THESE TERMS ARE NOT INTENDED TO EXCLUDE OR LIMIT SUCH ADDITIONAL RIGHTS.

GENERAL.

1. Consumers Only. The Products are for intended for use by consumers only – they are only to be used for non-commercial, non-business, private purposes.
2. Entire Agreement.  These Terms, together with the Toybox Terms of Service and Return Policy, constitute the complete and exclusive statement of all of the terms, conditions, representations and warranties between you and Toybox with respect to the purchase and sale of any Product offered by Toybox, and supersede and replace all other oral and written communications between the parties or otherwise relating to the subject matter of these Terms.
3. Conflicts.  In the event of any conflict between these Terms and the Toybox Terms of Service, the Terms of Service shall prevail to the limited extent of such conflict.  In the event of any conflict between these Terms and the Toybox Return Policy, the Return Policy shall prevail to the limited extent of such conflict.
4. Privacy.  For information about Toybox’s collection, use and sharing of your personal information (including any personal information collected via our Site or generated through your use of our Products), please see Toybox’s Privacy Policy available at https://www.make.toys/privacy-policy.
5. Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to these Terms or our Products, please contact us at: support@toybox.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.